Arizona weekly citizen., 1887-07-30
CRIMINAL CARELESSNESs.
Double and Single Minimum Lands-The A-S IT, Grant and Price or Desert
 Land


 Land.
 A circular relating to desert lands and the price thereof when entered as such came to hand to-day from the gen eral land office signed by Sparks, the commlssIoner, which arouses the hesrti- esi indignation of every far minded man who has leaaned its contents. Not me least surprising part about It IS that the Hon. l.. Q. c. Lamar. secretary. would allow himself to be so imposed upon asto lend his approval to any snch order, so outrageously unjust to the people generally, especially those oI the southwest who are now seeking homes on the forfeited Atlantic < Pa cihc railroad grant.
 1ne nrst section of the Act of March D. Ion, entitled An act to provide for the sale of deser. lands in certain states and territories" provides for the reclsm- atlon of such lands by conducting wa ter upon the same" The second sec ond section provides ''that 6ll lands ex- elusive ot timber lands and mineral lands, which will not without artificial Irrigation. produce some agricultural crop, shall be deemed desert lands which Ia the meaning of this act" and the third section provides that "the deter mInation of what may be considered desert land shall be subject to the de- clsion aud regulation of the commis- sion Of the general land ofice.'' Accordingly this blstsnt-mouthed en- erny Of immigration and the honest set tier, Sparks; makes the following order
 Lands bordering upon streams, lakes or other natural bodies of water, or through pr upon which there is any rlver, stream. arroyo, lske, pond. body Of water, or living spring. are not sub Ject to entry under the desert land law until the clearest proof of their desert character IS furnished.
 Lands which produce native grasses sufficient in quantity, If unfed by graz ing animals. to make Hn ordinary crop l of hay in usual seasons are not desert lands.
 Lands winch will produce an sgri- cultural crop of any kind. in amount to make the cultivation reasonably remu- neratiye, are not desert.
 Lands containing sufficient moisture to produce a natural growth of trees, are not to be clsssed as desert lands.
 "Ihe amount of land which may be entered by any one person under the desert land act csn not exceed one sec ton. or GAO acres which must be in compact form. and no person can make more than one entry.
 Desert land entries are not assigns- ble. and the transfer of such entries whether by deed, contract, or agree ment, vitiates the entry. AZ entry made in the interest or for the benefit of any person, firm or corporation, or with intent that the title shall be con veyed to any other person, firm or cor poratiou is illegal.
 "The price at which lands may be entered during the desert lsnd act is the same as under the presumption law, viz: Single minimum lands at sl 9 per acre, and double minimum lands a, g % per acre. CSectiou 2367, '. s. Reyd StstJ"
 Many of these restrictions are all right, being necessary to bar fraud and shut out speculation in the pubic dO- main, but the latter paragraph fixing the price of land entered under the desert act at the same figure Es under the pre- emption law for double mimi mum lands, IS not only ylols;ion of a plain enactment by congress but Is nigsrdly, wsntonly cruel snd unjust to every home-seeker m the land. By somebody's criminal neglect II Bp- pears that & great mistake was made in the bill forfeitiDg the uDearned DOT ton of the A. k P. grant, ard that on account of this mistake all the lands ly- ing east of the Rio Grande and west of the Texas lIne in New Mexico formerly comprising this grant remain double minimum" in stead of "single mlnimum" lands as should be. This mistake IS eX- plalned by the statement that 'the price of the alternate sections, having been increased by statute. can not be reduc ed on the forfeiture of the grant in the .bsenee of express authority" and the bill providing for the forfeiture of the 4. & F. grant failed, by s mere over
 ight, it is said, on the part of its frameT. to siipulste this express authority, thus leaving all former A. 6 F. grant lands in this territory clsssed as double minimum" lands, the lowest price for which IS S2 % an acre. Admitting that this grave error on the part of Congress brought the price of lands entered under the pre-emption law up to the double minimum" standard of S2.50 an scre,  nobody in this country was ever insane enough to think thst Sparks would rule desert land entries here as double min mum" lands also and require the pay ment of double the ordinary Sl25 per acre before they could be proved up on.
 hIs, however, is the plain order n his latest circular. and in making such or ter be willfully violates the law Of Con- gress of March 3, 1877, which stIpulates that all lands within the states and ter ritories named in that law, which include New Mexico. entered unde. the desert lend act shall not call for the payment of more than SIPS per acre. Every per son, town. village community or corpor- aiion whatsoever in this territory ought 10 lose no time in placing its seal of con- deunation upon the latest document from Sparks. It is blow at every live interest ID New MexIcO.-Sants Fe New Mexican.
 II